[Federal Register Volume 86, Number 122 (Tuesday, June 29, 2021)]
[Rules and Regulations]
[Pages 34159-34161]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13807]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 210623-0136]
RIN 0648-BK34


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Gray Triggerfish Management 
Measures

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: NMFS issues regulations to implement management measures 
described in a framework action to the Fishery Management Plan for the 
Reef Fish Resources of the Gulf of Mexico (FMP), as prepared by the 
Gulf of Mexico Fishery Management Council (Council). This final rule 
modifies catch limits in the Gulf of Mexico (Gulf) exclusive economic 
zone (EEZ) for gray triggerfish. The purpose of this final rule and the 
framework action is to modify the catch limits, as applicable, 
consistent with the most recent interim analysis for gray triggerfish 
and to achieve optimum yield (OY) for the stock.

DATES: This final rule is effective July 29, 2021.

ADDRESSES: Electronic copies of the framework action, which includes an 
environmental assessment, a regulatory impact review, and a Regulatory 
Flexibility Act analysis, may be obtained from the Southeast Regional 
Office website at https://www.fisheries.noaa.gov/action/framework-action-modification-gray-triggerfish-catch-limits.

FOR FURTHER INFORMATION CONTACT: Kelli O'Donnell, Southeast Regional 
Office, NMFS, telephone: 727-824-5305, email: [email protected].

SUPPLEMENTARY INFORMATION: The Gulf reef fish fishery, which includes 
gray triggerfish, is managed under the FMP. The FMP was prepared by the 
Council and is implemented by NMFS through regulations at 50 CFR part 
622 under the authority of the Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act).
    On April 21, 2021, NMFS published a proposed rule for the framework 
action and requested public comment (86 FR 20649). The proposed rule 
and the framework action outline the rationale for the actions 
contained in this final rule, which is unchanged from the proposed 
rule. A summary of the management measures described in the framework 
action and implemented by this final rule is described below. All 
weights in the final rule are described in round weight.

Background

    The Magnuson-Stevens Act requires NMFS and regional fishery 
management councils to prevent overfishing and to achieve, on a 
continuing basis, the OY from federally managed fish stocks to ensure 
that fishery resources are managed for the greatest overall benefit to 
the nation, particularly with respect to providing food production and 
recreational opportunities, and protecting marine ecosystems.
    Gray triggerfish in the Gulf EEZ are managed using both commercial 
and recreational sector measures with each sector having its own annual 
catch limit (ACL) and annual catch target (ACT). The sector allocation 
of the stock ACL, which equals the acceptable biological catch (ABC), 
is 21 percent commercial and 79 percent recreational and was 
implemented in 2008 through Amendment 30A to the FMP (73 FR 38139; July 
3, 2008). Inseason accountability measures (AMs) for gray triggerfish 
specify that if commercial or recreational landings meet or are 
projected to meet the respective sector's ACT, that sector will close 
for the remainder of the fishing year. For the commercial sector, the 
post-season AM specifies that if the commercial ACL is exceeded despite 
the quota closure, then the following fishing year's commercial ACL and 
ACT (commercial quota) will be reduced by the amount of the prior 
year's commercial ACL overage. For the recreational sector, if the 
recreational ACL is exceeded and gray triggerfish are overfished, then 
in the following fishing year the recreational ACL and ACT would be 
reduced by the amount of the ACL overage in the prior fishing year. The 
current gray triggerfish ACLs, ACTs (set at 5 percent and 10 percent 
less than the commercial and recreational sector ACLs, respectively), 
and inseason AMs for both sectors and the post season AM for the 
recreational sector, were established in 2013, through Amendment 37 to 
the FMP (78 FR 27084; May 9, 2013). The postseason AM for the 
commercial sector was established in 2008, through Amendment 30A to the 
FMP (73 FR 38139).
    The most recent Southeast Data, Assessment, and Review (SEDAR) 
stock assessment for gray triggerfish was completed and reviewed by the

[[Page 34160]]

Council's Scientific and Statistical Committee (SSC) in October 2015 
(SEDAR 43). SEDAR 43 indicated that the gray triggerfish stock was not 
experiencing overfishing but remained overfished and would not be 
rebuilt by the end of 2017 as previously projected. As a result of 
SEDAR 43, the Council's SSC made recommendations for an increased 
overfishing limit (OFL) based on a fixed maximum fishing mortality 
threshold, which is independent of rebuilding, and ABCs based on an 8, 
9, or 10-year rebuilding timeline. Because of the stock not rebuilding 
as anticipated, the Council decided not to change the ABC, sector ACLs, 
and sector ACTs set by Amendment 37 but to change the rebuilding 
timeline to rebuild the stock by 2025. Amendment 46 implicitly adopted 
the SSC's recommendations for an increased OFL by including 
alternatives with an ABC that was higher than the status quo OFL. 
Amendment 44 to the FMP, implemented in 2017 (82 FR 61488; December 28, 
2017), updated the stock status to not overfished but did not revise 
the sector ACLs or ACTs.
    Between 2012 and 2019, the commercial sector has exceeded its ACL 
of 64,100 lb (29,075 kg), two times, in both 2012 and 2018. During that 
same timeframe, the recreational sector has exceeded its ACL of 241,200 
lb (109,406 kg), five times, in 2012, 2013, 2016, 2018, and 2019.
    At its September 2020 meeting, the Council's SSC accepted a 2020 
gray triggerfish interim analysis conducted by the NMFS Southeast 
Fisheries Science Center (SEFSC). Unlike full SEDAR stock assessments, 
interim analyses are designed to occur between regular SEDAR 
assessments to determine trends in stock condition and project future 
catch advice. While interim analyses take less time to complete, they 
cannot be used to determine if a stock is making progress towards 
rebuilding. Based on the interim analysis, abundance trends of the Gulf 
gray triggerfish stock suggest an increase in biomass that could 
support a greater harvest. The Council's SSC determined the interim 
analysis was suitable for providing ABC catch advice through 2023. From 
the interim analysis, the Council's SSC recommended the gray 
triggerfish stock ABC be increased to 456,900 lb (207,246 kg), for 2021 
and subsequent fishing years, with the request that another interim 
analysis be completed in 2023. The Council's SSC previously recommended 
an increased OFL (1,220,000 lb (553,383 kg)) that was implicitly 
adopted by Amendment 46 and was not examined by this interim analysis.
    In January 2021, the Council took final action on this framework 
action, consistent with the most recent interim analysis for gray 
triggerfish, and recommendations from the Council's SSC, the SEFSC, and 
the Council's Reef Fish Advisory Panel (Reef Fish AP) to increase the 
commercial and recreational catch limits for Gulf gray triggerfish, in 
order to achieve OY consistent with the requirements of the Magnuson-
Stevens Act.

Management Measures Contained in This Final Rule

    This final rule revises the commercial and recreational ACLs and 
ACTs consistent with the interim analysis and the Council's SSC, SEFSC, 
and the Council's Reef Fish AP recommendations.

Commercial ACL and ACT

    This final rule increases the Gulf gray triggerfish commercial ACL 
from 64,100 lb (29,075 kg), to 95,949 lb (43,522 kg), for the 2021, and 
subsequent fishing years based on the current ACL sector allocation of 
21 percent commercial. To determine the ACT, the Council used its ACL/
ACT control rule to determine the buffer to be applied to the 
commercial ACL to account for updated information. Application of the 
control rule indicated that an 8 percent buffer is appropriate between 
the commercial ACL and ACT. This is an increase from the current buffer 
of 5 percent. Using a more recent time series, the control rule yielded 
a larger buffer as a result of the number of times sector landings 
exceeded the commercial ACL, current stock status (the stock is 
rebuilding), and the precision of landings data. The 8 percent buffer 
applied to the commercial ACL, revises the commercial ACT (commercial 
quota) from 60,900 lb (27,624 kg) to 88,273 lb (40,040 kg), for the 
2021, and subsequent fishing years. The increased buffer between the 
commercial ACL and ACT is expected to reduce the risk of the commercial 
sector exceeding its ACL and to reduce the likelihood of overfishing 
the gray triggerfish stock. NMFS notes that the commercial sector has 
never exceeded the commercial ACL that is being implemented by this 
rule.

Recreational ACL and ACT

    This final rule increases the Gulf gray triggerfish recreational 
ACL from 241,200 lb (109,406 kg) to 360,951 lb (163,725 kg), for the 
2021 and subsequent fishing years based on the ACL recreational sector 
allocation of 79 percent. To determine the new recreational ACT, the 
ACL/ACT control rule was applied to determine the buffer between the 
ACL and ACT using updated information. The control rule yielded a 24 
percent buffer, an increase from the current 10 percent buffer. The 
buffer increased because of past ACL overages, current stock status 
(the stock is rebuilding), the application of a more recent time 
series, and the precision of landings data. When the 24 percent buffer 
is applied to the new recreational ACL, the ACT is increased from 
217,100 lb (98,475 kg) to 274,323 lb (124,431 kg), for the 2021 and 
subsequent fishing years.
    NMFS notes that recreational landings in the 2013, 2016, and 2018 
fishing years have exceeded the recreational ACL implemented in this 
rule. The increased buffers between the recreational ACL and ACT are 
expected to reduce the risk of the recreational sector exceeding its 
ACL, and to reduce the likelihood of overfishing the gray triggerfish 
stock.

Measure in the Framework Action But Not Codified in This Final Rule

    In addition to the other measures contained in this final rule, the 
framework action also revises the Gulf gray triggerfish stock ABC. As a 
result of the gray triggerfish interim analysis, and the recommendation 
of the Council's SSC, the framework action increases the Gulf gray 
triggerfish stock ABC from 305,300 lb (138,482 kg), to 456,900 lb 
(207,246 kg). The stock ACL remains equal to the stock ABC. A buffer 
between the stock ABC and ACL was not recommended by the Council's Reef 
Fish AP so as to retain the Council's current management approach for 
gray triggerfish, which is to set the stock ACL equal to the ABC. In 
addition, the increased ABC is 37.5 percent of the OFL (1,220,000 lb 
(553,383 kg). This large difference between the ABC and OFL reduces the 
risk of overfishing of the gray triggerfish stock.

Comments and Responses

    NMFS received a total of 13 comments on the proposed rule for the 
framework action. Most comments supported the measures for Gulf gray 
triggerfish in the proposed rule and framework action. Some comments 
suggested changes to gray triggerfish management measures that were 
outside the scope of the proposed rule and framework action, such as 
increasing the recreational season length, increasing the recreational 
bag limit, increasing the commercial trip limit, reducing the minimum 
size limits, or gleaning bycatch within the gray

[[Page 34161]]

triggerfish portion of the reef fish fishery; therefore, these comments 
are not addressed further in this final rule. Specific comments related 
to the proposed rule and the framework action are grouped by topic and 
addressed below.
    Comment 1: The commercial and recreational catch limits for gray 
triggerfish in the Gulf should remain the same and not be increased.
    Response: NMFS disagrees. Maintaining the current ACLs and ACTs is 
not consistent with the requirements of the Magnuson-Stevens Act to 
establish catch limits that achieve OY. The previous commercial ACL of 
64,100 lb (29,075 kg), the recreational ACL of 241,200 lb (109,406 kg), 
the commercial ACT of 60,900 lb (27,624 kg), and the recreational ACT 
of 217,100 lb (98,475 kg) have been in effect since 2013 (78 FR 27084; 
May 9, 2013). In 2015, the results of SEDAR 43 found that the Gulf gray 
triggerfish stock OFL and ABC could be increased. The Council's SSC 
subsequently recommended these same increases. However, the Council at 
that time decided not to change the stock ABC, sector ACLs, or sector 
ACTs. In 2020, the Council's SSC accepted a 2020 gray triggerfish 
interim analysis, which determined that abundance trends of the Gulf 
gray triggerfish stock suggested an increase in biomass that could 
support additional harvest and was suitable for providing ABC catch 
advice through 2023. The Council accepted the SSC's recommendation for 
an increase to the ABC and subsequently approved revised sector ACLs 
based on the current allocation, in order to achieve OY consistent with 
the requirements of the Magnuson-Stevens Act. The Council's ACL/ACT 
control rule was used to set new increased buffers between each 
sector's ACL and ACT to reduce the likelihood of overfishing. 
Therefore, maintaining the previous catch limits would not serve the 
purpose of this rule, which is to achieve OY while reducing the 
likelihood of overfishing. The Gulf gray triggerfish stock is not 
currently overfished or undergoing overfishing as determined by SEDAR 
43, the implementation of Amendment 44 to the FMP (82 FR 61488; 
December 28, 2017), and the most recent quarterly report on the status 
of the stocks.
    Comment 2: The gray triggerfish population is still being 
overfished and any increases to the catch limits increases the risks to 
the stock and healthy oceans.
    Response: NMFS disagrees that the gray triggerfish population is 
still overfished. In 2020, the most recent Gulf gray triggerfish 
interim analysis index of abundance trends suggested that the gray 
triggerfish biomass has increased in recent years. This additional 
biomass should support additional removals from the stock as related to 
the increases to the commercial and recreational ACLs and ACTs in this 
final rule. While the interim analysis was not able to provide a 
biomass estimate, the gray triggerfish stock is not considered to be 
overfished or undergoing overfishing. As described in the framework 
action, the catch limit increases in this final rule are based on the 
findings of the interim analysis, which is deemed by the Council's SSC 
as suitable for management advice and the use of the Council's ACL/ACT 
control rule, and best available science.

Classification

    Pursuant to section 304(b)(3) of the Magnuson-Stevens Act, the NMFS 
Assistant Administrator has determined that this final rule is 
consistent with the framework action, the FMP, other provisions of the 
Magnuson-Stevens Act, and other applicable laws.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Magnuson-Stevens Act provides the legal basis for this final 
rule. No duplicative, overlapping, or conflicting Federal rules have 
been identified. In addition, no new reporting and record-keeping 
requirements are introduced by this final rule. This final rule 
contains no information collection requirements under the Paperwork 
Reduction Act of 1995. A description of this final rule, why it is 
being considered, and the purposes of this final rule are contained in 
the preamble and in the SUMMARY section of this final rule.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration during the proposed rule stage that this action would 
not have a significant economic impact on a substantial number of small 
entities. The factual basis for the certification was published in the 
proposed rule and is not repeated here. No comments were received 
regarding this certification. As a result, a regulatory flexibility 
analysis was not required and none was prepared.

List of Subjects in 50 CFR Part 622

    Annual catch limit, Fisheries, Fishing, Gray triggerfish, Gulf, 
Reef fish, Quota.

    Dated: June 23, 2021.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 622 is amended 
as follows:

PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH 
ATLANTIC

0
1. The authority citation for part 622 continues to read as follows:

    Authority:  16 U.S.C. 1801 et seq.


0
2. In Sec.  622.39, revise paragraph (a)(1)(vi) to read as follows:


Sec.  622.39   Quotas.

* * * * *
    (a) * * *
    (1) * * *
    (vi) Gray triggerfish--88,273 lb (40,040 kg), round weight.
* * * * *

0
3. In Sec.  622.41, revise the last sentence of paragraph (b)(1) and 
paragraph (b)(2)(iii) to read as follows:


Sec.  622.41   Annual catch limits (ACLs), annual catch targets (ACTs), 
and accountability measures (AMs).

* * * * *
    (b) * * *
    (1) * * * The commercial ACL is 95,949 lb (43,522 kg), round 
weight.
    (2) * * *
    (iii) The recreational ACL for gray triggerfish is 360,951 lb 
(163,725 kg), round weight. The recreational ACT for gray triggerfish 
is 274,323 lb (124,431 kg), round weight.
* * * * *
[FR Doc. 2021-13807 Filed 6-28-21; 8:45 am]
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